Goldberg v Voigt [2020] NSWDC 174

Goldberg v Voigt [2020] NSWDC 174

The Facebook post published by the defendant conveyed multiple serious defamatory imputations about the plaintiff to the ordinary reasonable reader, and the defendant's offers to make amends were not compliant with statutory time requirements and so could not be relied on as a defence. The plaintiff suffered hurt to feelings and some actual harm to reputation, though the publication was limited in scope. An award of $35,000, incorporating aggravated damages, was appropriate in the circumstances.

Parties
Plaintiff: Bruce Goldberg; Defendant: Alice Voigt
Jurisdiction
Australia
Judgment Date
07 May 2020
Procedural Posture
Civil / Judgment After Hearing
Outcome
Judgment for the plaintiff with damages awarded for defamation.
Legal Topics
Assessment of Damages, Offer to Make Amends, Defamatory Imputations, Facebook Publication, Limited Dissemination, Grapevine Effect
Defamation Assessment of Damages Offer to Make Amends Defamatory Imputations Facebook Publication Limited Dissemination Grapevine Effect

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Parties

Bruce Goldberg

Plaintiff

Alice Voigt

Defendant

Procedural Posture

Civil / Judgment After Hearing

Legal Issues

  1. 1 Whether the Facebook post conveyed defamatory imputations about the plaintiff
  2. 2 Whether any offer to make amends was valid and constituted a defence under the Defamation Act 2005
  3. 3 Assessment of damages including aggravated damages

Ratio Decidendi

The Facebook post published by the defendant conveyed multiple serious defamatory imputations about the plaintiff to the ordinary reasonable reader, and the defendant's offers to make amends were not compliant with statutory time requirements and so could not be relied on as a defence. The plaintiff suffered hurt to feelings and some actual harm to reputation, though the publication was limited in scope. An award of $35,000, incorporating aggravated damages, was appropriate in the circumstances.

Court Disposition

Judgment for the plaintiff with damages awarded for defamation.

Orders

  • The plaintiff is awarded the sum of $35,000 in damages for defamation.
  • The Court will hear the parties on the question of costs.